Reston's can be beaten!

[beatrestons]

Hi there,

 

First post on here but have followed the stories of many previously - what a fabulous source of info, reassurance and advice. I hope my story will offer the same.

 

In Dec 2015 we received a County Court Claim Form from Reston's re an alleged old credit card debt.

The agreed debt had been paid off two years earlier with a DMP

but there was a query re applied interest and late payment fees.

 

Reston's continued to pursue,

we continued to ignore them

but behind the scenes followed the advice on here around SARs etc,

preparing statements, evidence and generally getting our affairs in order.

 

Reston's focus was on threatening us they would be asking the Judge to strike out our defence.

 

1st court date (Oct 2016).

Reston's sent a Head of Chambers barrister to represent them,

we represented ourselves.

 

Reston's aim a few days before was to ask the judge to strike out our defence and award against us,

however on the day they decided to ask the Judge for an adjournment as new evidence had been provided to them a day before (it hadnt).

 

The judge took a dim view of the fact they had been messing around for around 12 months but allowed them another 8 weeks.

 

2nd court date (Feb 2017).

We (along with an advocate) arrived at the Court, Reston's did not.

They had contacted the court the afternoon before to ask for a further adjournment

(the Judge agreed and we waited another 8 weeks)

 

During this time we saw a solicitor who wrote to Reston's to assure them we were more than willing to fight the case and would push for a full hearing.

 

Reston's replied to them in April stating that they were confident of their case and would again ask the judge to strike out our defence.

 

3rd court date was due to be last week,

however Reston's sent a communication to the solicitors one day before withdrawing proceedings.

 

So, it's all finished.

I think the morale of the tale is to not be scared.

 

Whichever tactic you choose in dealing with them they will twist it.

Reston's told us that by ignoring them we were going against the Civil Procedure Rules

and the Judge could rule against us purely for that,

others who have engaged with them have been tied up in knots.

 

What does seem apparent though is that they talk the talk

but are into easy wins and not up for a fight.

 

So, go get 'em tiger and all the very best wishes to anyone going through it all xx

[dx100uk]

glad cag was able to help.

what was the debt/OC?

 

 

dx

[beatrestons]

Original debt was with MBNA and was £6,200.

 

Paid off monthly with DMP over 8 years.

 

Interest and late payment fees of £3000 added.

 

I am glad we had records of every contact, every phonecall.

When the SAR was returned there were so many gaps!

 

They sent a CD with one phonecall only, who knows what happened to the other 20!!

Thank you once again.

The help of these forums is invaluable.

[dx100uk]

bet the claimant was pleased rectums wasted all that money for them....

[AndyOrch]

Of course they can be dealt with...see the 1000s of discontinued claims in our Legal Success Forum

 

Andy